DMarkM1
Expert Alumni

Deductions & credits

Below are the comments on each statement.  

  • Payments that are your spouse's part of community property income, (Is my income considered community property since we were married about 21 years and therefore, the payments I made to her are considered community property?)

This is referring to property in a community property state that is earning income. From that income you are paying her, her half;  that is not alimony.  

  • Payments to keep up the payer's property, (Since the property was in both of our names, would the IRS consider the payments I made to her "to keep up the payer's property"? I consider "to keep up" to mean to maintain the property, not pay the mortgage and utilities)

Since you both own the house but you are paying all the mortgage, half of mortgage is alimony.  The same would be true for repairs and maintenance of the property.  The bills however are the ex spouse's and thus are alimony.   

  • Use of the payer's property, or (Does this mean that as the payer and since the property was in both of our names, that I was paying those amounts for her to use the property, or is this referring to if I were paying her for the use of the house?)

This entails you owning the home and paying the mortgage, but the ex spouse is living there. That would not be alimony.  

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